Bombay High Court

BRIHAN MUMBAI MUNICIPAL CORPORATION, MUMBAI, AND ORS.versusBPM INDUSTRIES LTD., MUMBAI.

Decided: 30 April 2026
Disposal: Dismissed
Bench: JITENDRA SHANTILAL JAIN

Holding

Condonation of delay was refused; the interim application and the related appeal were dismissed.

Summary

The Brihan Mumbai Municipal Corporation sought condonation of a three‑year‑plus delay in filing an appeal against a Small Causes Court order fixing the rateable value of a property. The corporation claimed the delay was due to internal changes, drafting, and workload, but provided no substantive justification for the eight‑month assessment period or the three‑year gap before filing the appeal. The Court, relying on its earlier decision in Brihan Mumbai Mahanagar Palika & Anr. v. Ashirwad Shelters Private Ltd. (2025 SCC OnLine Bom 5140) and the Supreme Court’s dismissal of the related Special Leave Petition, found the reasons insufficient to constitute "sufficient cause" for condonation. Consequently, the interim application for condonation was dismissed, and the related first appeal and another interim application were also dismissed, though the substantive issue of the rateable value remains pending.

Issues considered

Whether the delay of three years and 38 days in filing the appeal can be condoned under the Limitation Act.
Whether the reasons provided by the corporation constitute sufficient cause for condonation.

Legislation cited

Limitation Act, 1963 — s. 5

Subjects

condonation of delay
limitation period
rateable value
Small Causes Court
municipal corporation
civil appeal
procedure

Judgment

2026:BHC-AS:20895


            HMK                                                             43. IA-30650-2022.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                INTERIM APPLICATION NO. 30650 OF 2022
                                                 WITH
                                INTERIM APPLICATION NO. 30651 OF 2022
                                                   IN
                                  FIRST APPEAL (ST.) NO. 10737 OF 2021
                                              ALONG WITH
                                 FIRST APPEAL (ST.) NO. 10737 OF 2021

            Brihan Mumbai Municipal Corporation,
            Mumbai & Ors.                                       ….Applicants/Appellants

                       Versus

            BPM Industries Ltd., Mumbai                .…Respondent
            __________________________________________________________________

            Ms. Pallavi Khale i/by Ms. Komal Punjabi for the Applicants/Appellants.
            Mr. Siddharth Samantray a/w. Mr. Sahil Pandire & Mr. Ashok S. Pandire
            i/by Mr. Dinesh Shinde for the Respondent.
            __________________________________________________________________

                                                CORAM : JITENDRA JAIN, J.
                                                DATED : 30th APRIL 2026

            P. C. :

            INTERIM APPLICATION NO. 30650 OF 2022

            1.        This application is filed by the Corporation for seeking condonation
            of delay of 03 years and 38 days in challenging the order of the Small
            Causes Court, determining the rateable value.

            2.        On 14th February, 2018, the impugned judgment was passed. Certified
            copy of the judgment was received on 01 st March, 2018. On 29 th November,
            2018 a letter from Assessment Department informing the Legal Department
            to challenge the impugned order was received by the legal team.
                                                  1 of 3
HMK                                                              43. IA-30650-2022.doc


3.      From March 2018 to November 2018 the only reason given is that
the assessment department after studying the facts came to the conclusion
that the appeal has to be filed. Other than this bald averment, there
is nothing stated for the period from March 2018 to November 2018.
No reason why 08 months for studying one matter was taken.

4.      The appeal was filed on 07th May, 2021. There is no explanation
whatsoever from November 2018 to May 2021, except general reasons
given that the officers changed, papers were sent for typing the appeal
memo, etc. and due to voluminous work some time was consumed for
preparing and approving the draft. Other than these reasons, there is
nothing stated and moreso nothing annexed to the civil application in
support thereof. In my view, the reasons given are bereft of any “sufficient
cause”.

5.      This Court had an occasion to consider these very reasons of delay in
the case of this very Corporation in the case of Brihan Mumbai Mahanagar
Palika & Anr. vs. Ashirwad Shelters Private Limited 1, wherein such reasons
were rejected and the condonation was refused.

6.      The reasons given herein are no different than the reasons in the case
of Ashirwad Shelters Private Limited (Supra) . The decision of Ashirwad
Shelters Private Limited was challenged before the Hon’ble Supreme Court
and the Special Leave Petition No. 16595 of 2026 was dismissed on
10th April, 2026.

7.      In the case of the sister concern of this very respondent, this Court on
17th March, 2026 had also refused condonation on these very grounds in
Interim Application No. 30412 of 2022.


1     2025 SCC OnLine Bom 5140

                                     2 of 3
                      HMK                                                            43. IA-30650-2022.doc


                      8.       Adopting the reasoning given in all the above decisions, the present
                      Interim Application No. 30650/2022 is also dismissed.

                      9.       Consequently, First Appeal (St.) No. 10737/2021 & Interim
                      Application No. 30651/2022 are also stand dismissed. However, the issue of
                      rateable value is kept open.



                                                                         [ JITENDRA JAIN, J. ]




Signed by: Sayyed Saeed Ali
                                                           3 of 3
Designation: PA To Honourable Judge
Date: 02/05/2026 14:08:23

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